Today Your Legal Corner will discuss: "When Parents Are Required To Financially Contribute to Higher Education For Their Child."

As we celebrate the Fourth, one cannot help but think of the word "Independence." When I think of the word "Independence," it reminds me of a recent Gloucester County Chamber Event entitled Business Through The Ages. The event was a panel discussion, which addressed the "independent" business styles of various gender and age groups. The panel consisted of male and female participants along with the Baby Boomer, Generation X, Generation Y and Millennial age groups.

During the question and answer segment, one audience member in particular asked the panel to comment on what he had learned from his grand father: that there exists a difference between Wisdom and Knowledge. He explained that his grandfather told him that wisdom is the information gained from life experiences while knowledge is what is gained through formal education. Often, to reach independence, a child requires both.

In the pursuance of knowledge, the issue as to how much a parent should contribute to a child's higher education is determined by twelve factors established according to the case of Newburgh verses Arrigo.

In evaluating a claim for financial contribution, courts will consider all relevant factors. The first factor is whether or not the parent, if still living with the child, would have contributed to the cost of the child's higher education. In the instance of divorce, generally address the issue of a child's higher education within the Final Agreement rather than waiting until the child is sending out college applications.

The second factor is the background, values and goals of the parent coupled with the reasonableness of the child's desire to seek higher education. Consider reasonableness as based upon matching the type of higher education to the abilities, strengths, and interests of the child.

The third factor is the amount of contribution sought by the child for the cost of higher education. The court will weigh the amount requested in light of all the other applicable factors. For example, the fourth factor is the ability of the parent to pay the requested cost.

For the fifth factor, the court will compare the amount of financial contribution asked to the kind of school or course of study sought by the child. The court may examine a child's need to attend college within the state verses out of state as it relates to cost.

Factors six and seven include looking at the financial resources of both parties and the commitment and aptitude of the child for the requested education. Factor eight states should the child have resources such as those that may be held in a Trust, these would also be considered in determining the amount a parent would be required to contribute to the child's higher education.

Factor nine considers the child's ability to work during the school year and summer vacation. The availability of the child to receive grants and loans are examined as well under Factor ten.

Factor eleven balances the child's relationship to the parent asked to financially contribute. However, even in cases when the parent and child do not have a relationship, a financial contribution may still be required as relationship is merely one of the twelve factors considered.

Last, Factor twelve states that a child cannot attend school forever, meaning the current education request is assessed according to any prior requests, and the overall goals of the child. To see if your child qualifies for parental financial support, contact a family law attorney. Remember, independence is realized through both wisdom and knowledge!

Victoria M. Dalton is a dedicated Family/Elder Law Attorney with the Law Offices of Hoffman Dimuzio. Call 856-845-8243 for further information. Email correspondence to vdalton@hoffmandimuzio.com or ylcdirection.com.